"Unlawful conduct" includes:

1. (1) practicing, engaging in, or attempting to practice or engage in massage therapy without holding a current license as a massage therapist or a massage apprentice under this chapter;
2. (2) advertising or representing himself as practicing massage therapy when not licensed to do so; and

3. (3) massaging, touching, or applying any instrument or device by a licensee in the course of practicing or engaging in massage therapy to the:

   1. (a) genitals;
   2. (b) anus; or
   3. (c) breasts of a female patron, except when a female patron requests breast massage, as may be further defined by division rule, and signs a written consent form, which must also include the signature of a parent or legal guardian if the patron is a minor, authorizing the procedure and outlining the reason for it before the procedure is performed.